United States v. Cruz Corral

970 F.2d 719, 1992 U.S. App. LEXIS 16202, 1992 WL 165160
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 17, 1992
Docket91-2195
StatusPublished
Cited by131 cases

This text of 970 F.2d 719 (United States v. Cruz Corral) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cruz Corral, 970 F.2d 719, 1992 U.S. App. LEXIS 16202, 1992 WL 165160 (10th Cir. 1992).

Opinion

THEIS, Senior District Judge.

Defendant-Appellant Cruz Corral, convicted of conspiracy to distribute cocaine and possession with intent to distribute cocaine, appeals the district court’s denial of her motion to suppress incriminating evidence obtained from her residence and a vehicle that she occupied. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

I

Cruz Corral walked into a Village Inn restaurant close to her home on the morning of October 11, 1990 to meet with Stanley Gloria and James Torres. Unbeknownst to her, Gloria and Torres were narcotics detectives from the Albuquerque Police Department (APD) posing as major out-of-town narcotics traffickers. Corral agreed to supply one kilogram of cocaine for the price of $23,000. She inspected the money, and arranged to make the exchange in a nearby K-Mart parking lot.

While Corral was at the meeting, the APD police officers, who were surveilling her residence, observed Jose Alvarez arrive at Corral’s residence in a Nissan pick-up truck. They had noticed an unusually high volume of visitors making brief stops at the residence.

After concluding her Village Inn meeting, Corral returned to her residence. She changed out of her blue jeans into a dress *722 and then left with Alvarez for the K-Mart parking lot in the Nissan pick-up truck. Keeping constant surveillance on Corral and Alvarez, the police officers notified the undercover detectives, Gloria and Torres, that Corral had arrived at the parking lot. Detectives Gloria and Torres entered the parking lot and pulled alongside the Nissan truck. They then approached Corral, seated at the passenger side, and asked if she brought the cocaine. Corral pulled out a brick of cocaine from the waistband of her skirt. Detective Gloria made a small cut into the brick and saw a white substance. After he “observed that it was, in fact, cocaine,” Detective Gloria asked Detective Torres to get the money from the trunk of their vehicle. Alvarez followed Torres to the trunk of the undercover vehicle. As Torres was about to hand the money over to Alvarez, they observed a marked APD patrol car approaching their site. Torres immediately slammed shut the trunk lid and yelled “Police.” Detective Gloria told Corral that he would finish the deal later, and both vehicles hurriedly left the parking lot. By radio communication, Gloria and Torres informed the surveillance team that they had personally observed a kilogram of cocaine in Corral’s possession.

After a brief interval, Corral and Alvarez were observed reentering the K-Mart parking lot, driving slowly as though looking for somebody. Detective Griego, whose patrol car had earlier interrupted the drug transaction, decided to conduct an investigatory stop of the Nissan pick-up truck, and summoned additional police units. As a uniformed APD officer stopped the pickup truck, Detective Griego, who was parked behind the truck, observed Corral fumbling with her clothing and placing something behind the passenger seat. Detective Griego approached the passenger side of the truck. Corral had been removed from the truck and the passenger door was left ajar. Standing a foot away from the open door, Detective Griego saw a taped package resembling a brick of cocaine behind the passenger seat. Corral, however, disputes the officer’s testimony that the taped package lay in plain view, asserting that the package was obstructed from view by the passenger seat.

Corral was detained and the vehicle was secured and towed to an APD facility. According to the government, the APD officers, after obtaining a search warrant, searched the vehicle and the taped package, and found a kilogram of cocaine in the package. Corral, however, contends that the search of the vehicle had occurred prior to the execution of the search warrant.

Pursuant to the same search warrant, the officers later searched Corral’s residence and found a half kilogram of cocaine, over $18,000 in cash, and numerous documents and personal property linking the residence to Corral. Corral was arrested several days later. Corral was subsequently tried and convicted of conspiracy to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. § 846; and possession with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). 1

In denying Corral’s motion to suppress, the district court ruled that the search of the pick-up truck was lawful because the package lay in plain view and that, alternatively, the officers possessed probable cause to arrest Corral and to conduct a concomitant search of the vehicle. The district court also upheld the search of Corral’s residence on the ground that the search warrant was supported by probable cause.

II

Corral first challenges the search and seizure of the taped package containing one kilogram of cocaine that was discovered in the Nissan truck. She asserts that the search could not be supported by the plain view exception to the warrant requirement because the package was not in plain view and, alternatively, because the officers were not lawfully located in the *723 place from which the package could be seen, and the package was not apparently incriminating on its face. The government, on the other hand, contends that the search need not be justified as a plain view search because it was executed pursuant to a valid search warrant. 2

We address, at the outset, the appellant’s contention that the government failed to meet its burden of proof because it did not present during the suppression hearing the particular APD officers “who could best explain why they seized the package.” She claims that Detective Barela, the government’s principal witness in the suppression hearing, had no first-hand knowledge of what Detective Griego could see when he approached the Nissan truck or whether the officers who stopped the truck possessed the requisite reasonable suspicion to conduct an investigatory stop. Because the government “chose to call a witness who knew very little about the stop,” argues the appellant, the government has failed to establish a plain view search.

As a reviewing court, we are not confined simply to the evidence adduced during the suppression hearing. In evaluating the correctness of the district court's rulings, the appellate court may consider the entire record developed from the trial even though such evidence may not have been presented during the suppression hearing. United States v. Rios, 611 F.2d 1335, 1344 n. 14 (10th Cir.1979), cert. denied, 452 U.S. 918, 101 S.Ct. 3054, 69 L.Ed.2d 422 (1981). Here, although Bare-la’s testimony arguably may not supply the basis for the plain view search, subsequent evidence produced at trial may support such a theory.

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Cite This Page — Counsel Stack

Bluebook (online)
970 F.2d 719, 1992 U.S. App. LEXIS 16202, 1992 WL 165160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cruz-corral-ca10-1992.